PUJA SACHDEV | September 5, 2024 | Divorce
When spouses separate in California and one file for divorce, either spouse may file for spousal support or alimony. If the court determines that alimony is appropriate, it will issue an order of support for one spouse to support the other.
How much support the court orders can be can be a complicated issue, for which you may need the advice of a San Diego spousal support attorney.
Once an order of support is in place, the question of whether you can modify or terminate your order of support often arises. This depends on whether your alimony award is for temporary or permanent alimony.
Temporary Alimony
Temporary alimony is spousal support paid while the parties are separated but not yet divorced. It is a form of spousal support paid during the pendency of the divorce litigation.
Temporary alimony is based on each spouse’s need and ability to pay. Pursuant to Cal. Fam. Code § 3600, the court may issue a temporary order of support for either spouse to pay any amount that is necessary for the support of the other spouse.
Unless the parties reach an agreement that specifies otherwise, the court may always modify or terminate a temporary support order at any time. However, if any part of the temporary support order is in “arrears,” the court may not modify the amount that is already due but has not been paid.
Permanent Alimony
Permanent alimony is spousal support that is paid after a final judgment of divorce or separation. The purpose of a permanent order of support is to allow each spouse to enjoy the standard of living that they established during the marriage.
In issuing a permanent support award, the court may consider the following factors:
- Earning capacity;
- The marketable skills of the supported party;
- The job market for those skills;
- The time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and
- The possible need for retraining or education to acquire other, more marketable skills or employment;
- The supported party’s contribution to domestic duties;
- The supported party’s contribution to the education, training, career position, or license obtained by the supporting party;
- The supporting party’s ability to pay support considering their:
- Earning capacity;
- Earned and unearned income;
- Assets; and
- Standard of living;
- The needs of each party based on the standard of living established during the marriage;
- The obligations and assets, including the separate property, of each party;
- The duration of the marriage;
- The ability of the supported party to be employed without interfering with the obligation to support children in their custody;
- The age and health of the parties;
- Any history of domestic violence between the parties;
- Tax consequences;
- The hardships to each party;
- The supported party’s potential to be self-supporting;
- Any criminal convictions of an abusive spouse; and
- Any other factors the court determines are just and equitable.
An award is generally ordered in place for one-half the length of the marriage, but the court has the discretion to order permanent alimony for any duration based on the circumstances of the parties.
Can I Modify or Terminate a Permanent Alimony Award?
There are limited circumstances under which a court will modify or terminate an order for permanent alimony. If the support award is to terminate on a specific date and the marriage is determined to be of short duration (less than ten (10) years), then the court may not retain jurisdiction to act on the issue of support after the termination date. However, for marriages of a long duration (ten (10) years or more), the court retains jurisdiction indefinitely.
The limited circumstances that the court may modify or terminate the permanent alimony order include:
- Contingency: Pursuant to Cal. Fam. Code § 4334, if a court orders that spousal support is to be paid based on some contingency, such as the recipient spouse being enrolled in college, for example, then the support may terminate upon the happening of the contingent event that terminates the support order.
- Change of circumstances: Pursuant to Cal. Fam. Code § 4336(c), the court has discretion to terminate spousal support on a showing of changed circumstances. Your spousal support attorney can help you determine if you have sufficiently changed circumstances to modify or terminate your permanent alimony.
- Death or remarriage: Pursuant to Cal. Fam. Code § 4337, unless the parties agree otherwise, a permanent support order terminates upon the death of either party or the remarriage of the party receiving the alimony.
If you have questions about modifying or terminating a permanent alimony award, contact our experienced family law attorneys.
Contact a San Diego Spousal Support Attorney to Modify or Terminate Permanent Alimony
If you have a permanent alimony order in place and wish to modify or terminate that order, there are very limited ways to do it. Unless either you or your spouse dies or the spouse receiving the alimony remarries, the court will only terminate your alimony award upon a sufficient showing of changed circumstances.
San Diego Divorce Lawyers are experienced family law attorneys who can assess your case and help you with your spousal support issues.
Contact us at (619) 724-4160 today for a complimentary case evaluation to determine if you may modify or terminate your support award.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
